§ 2-2.4. Criminal history record check and fingerprinting; appointment to sensitive positions.

(a)

Finding. The Board of Supervisors of Fauquier County, Virginia, hereby finds that it is necessary in the interest of public welfare and safety to determine whether the past criminal conduct of a person currently employed by the county or conditionally offered employment in a sensitive position in the county's competitive or exempt service is directly related to such position and would be compatible with the nature of such employment.

(b)

Intent. It is the intent of the board of supervisors in enacting this section to comply with the provisions of Va. Code Ann. §§ 15.2-1503.1, 15.2-1505.1 and 19.2-389(A)(7), as amended, to be able to obtain fingerprints and access criminal history record information regarding those persons currently employed or conditionally offered employment in sensitive positions in the county service in order to determine whether the past criminal conduct of such persons would be compatible with the nature of such employment.

(c)

Sensitive positions subject to fingerprinting and background investigation.

(1)

Employees of the treasurer;

(2)

Sheriff's deputies;

(3)

Social workers;

(4)

Firefighters and emergency medical technicians;

(5)

Employees of the department of parks and recreation;

(6)

Employees of general services department with access to schools;

(7)

Any other employee in a sensitive position that meets one (1) or more of the following criteria and is designated as such by the county administrator in accordance with the provisions of subsection (e)(1)a. of this section:

a.

Where the employee is responsible for providing services to further the health, safety and welfare of minors, persons with disabilities, the elderly, or other persons unable to care for themselves.

b.

Where the employee handles cash or has the ability to effect transfers of county funds or funds of others, or otherwise is accountable for county funds.

c.

Where the employee has access to records containing personal information as defined in Va. Code Ann. § 2.2-3801(2), and/or records that are made confidential by state or federal statute or by the Virginia Employment Commission.

d.

Where the employee is otherwise directly responsible for the health, safety and welfare of the general populace and/or the protection of critical infrastructure.

(d)

Policy. All persons conditionally offered employment in a sensitive position in the county service, shall as a condition of their employment, prior to the effective date of such employment, submit to fingerprinting and provide personal descriptive information to be forwarded to the central criminal records exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding them. All offers of employment in sensitive positions are conditioned upon the person offered such employment submitting to fingerprinting and providing personal descriptive information as described above. Failure of the person conditionally offered employment in a sensitive position to submit to fingerprinting and to provide personal descriptive information shall disqualify the person from employment in the position.

(e)

Responsibilities.

(1)

The county administrator. Shall establish and maintain the list of sensitive positions that are subject to the provisions of this section. He or she may list a position as a sensitive position by job classification under the county's classification plan, by the department or subdivision of the department to which the position is assigned, by work location, by position number, or any combination thereof. The county administrator may, from time to time, as may be necessary, add or remove positions from the list of sensitive positions.

(2)

The human resources director shall:

a.

Shall receive the report from the central criminal records exchange concerning whether the person subject to the investigation has no criminal history record information or the record of criminal history information.

b.

Ensure that the class specifications, position descriptions, and announcements of sensitive positions reflect that the positions are sensitive positions that are subject to the provisions of this section; provided, however, that his or her failure to do so shall not change the status of the position as a sensitive position subject to the provisions of this section.

c.

Upon receipt of the report from the central criminal record exchange concerning a person conditionally offered employment that indicates that the person has a criminal history record, and after consulting with the appointing authority, determine whether the conviction or convictions on the record directly relate to the sensitive position, whether the past criminal conduct contained in the record is compatible with the nature of the employment in the sensitive position, and whether such conviction or convictions disqualifies the person from employment in that sensitive position.

(f)

Nothing in this section shall be construed as prohibiting the voluntary disclosure by an applicant for a sensitive position of his or her criminal history record information during the application, examination, certification, and selection processes, or prohibiting the solicitation of such voluntary disclosure by applicants.

(Ord. No. 11-2, 4-14-11)

(Ord. No. 11-2, 4-14-11)